The case of 47 pro-democracy activists charged with “conspiracy to subvert state power” in the primary election is on its third day of hearing.
The case of 47 pro-democracy activists charged with “conspiracy to subvert state power” in the primary election is set to continue on Thursday (March 4) after three days of marathon hearings lasting more than 30 hours, but no decision has been made on bail. In the case of white terror, at least seven defendants fired (Cantonese for dismissal) lawyers to defend themselves, at least five defendants have quit their political parties. In addition, a number of journalists applied for the lifting of the ban on bail reporting, so that the public can better understand the content of the arguments between the prosecution and defense, but the prosecution opposed, no result. (By Lee Chi-chi/Chan Yun-nan/Kevin Hu)
On Wednesday (March 3), the case entered the third day of hearing, handling the case of the “National Security Law” designated judge, President Judge So Wai Tak originally believed that the entire arraignment process can be completed today, but that night after the completion of the first round of bail statements, there are still as many as 12 defendants apply for additional statements. The trial will start again at 10 a.m. on Thursday.
Today there are still more than 100 people to the court in solidarity with a number of democratic defendants. (Photo by Cheung Chin Ho)
Reporters apply for bail to remove the legal restrictions on reporting
At 12:45 p.m. on Wednesday, the defense told the judge that some journalists asked about the content of bail, so I hope the judge will exercise his authority in the public interest to strike out the relevant legal restrictions, so that the public can understand the requirements of the National Security Law, the spirit and views of the offense, and help the public understand the prosecution’s message.
The prosecution’s Maggie Yang described the application as “pie in the sky”
The application was described by Maggie Yeung on behalf of the prosecution as “pie in the sky”, and the existing law already states what can be disclosed, “I don’t understand what society needs to report on what?” The defendant’s arguments in court may affect the future trial, which is unfair to both sides. The prosecution also cited Lai Chi-ying vouching procedures, the judge then had to balance the public interest and fair trial issues. And the police investigation is still underway, “the defendant may have a move to influence the investigation”.
Defense: social justice and public interest involved
The defense responded that the judge has the right to consider what can be reported in order to ensure that the interests of all parties are protected by the terms, and will not affect the interests of the prosecution and defense. The defense disagreed with the prosecution’s claim that it would affect the investigation, pointing out that the prosecution had already disclosed the content of the charges and did not agree that it would affect the investigation.
He stressed that the case involves social justice and public interest, the number of defendants, and the community’s limited knowledge of the National Security Law, the report can help the public understand the application of the National Security Law, the retroactive period and legal issues, the report has caused the community to discuss, is “self-evident”.
The judge, Mr. Su Huide, has not yet announced the outcome of the trial on the ban on reporting. The judge said the defendant’s words and actions in the courtroom affect the daily trial, the defense said it is willing to discuss the content of the restrictions in writing with the judge.
In Hong Kong, section 9P of the Criminal Procedure Ordinance (Cap. 221) provides that the media may only report the name of the defendant, the offence, the name of the judge, the name of the lawyer, the outcome and conditions of bail, and the date and place of adjournment in relation to bail proceedings, otherwise it is an offence. In other words, the media cannot report the arguments and details of bail for the prosecution and defense.
The four defendants of the Civic Party withdrew from the party to defend themselves
By dusk, the four defendants, Tam Man Ho, Kwok Ka Ki, Yeung Ngok Kiu and Lee Yu Shun, who were originally members of the Civic Party, suddenly asked to defend themselves in court on Wednesday, saying that senior barrister Leung Ka Kit, who represented them, would no longer represent them and that they would handle the case on their own. Yang Yueqiao was sobbing at one point before he added his statement, “Five years ago on March 2, I was sworn in as a legislator and fought for Hong Kong. five years later on March 2, I fought for my freedom.” When Tam Man Ho made his speech, some people in the audience and the press gallery also wiped their tears.
It is understood that four people quit the Civic Party and Ng Man Yee quit the Labour Party.
Barrister John Tam likewise told the court that the Democratic Party’s Lam Cheuk Ting had instructed that there was no need for him to represent him, and that Lam would choose to defend himself. Yeung Suet Ying and Ho Kwai Lan also chose to defend themselves.
At least ten defendants, including Lam Cheuk-ting, Tai Yiu-ting, Yeung Suet-ying and Ho Kwai-lam, will present their supplementary arguments tomorrow.
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